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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Data Governance

During a search under Section 29, the authorised person finds that the system of Kaveri Infotech Ltd is run by its IT manager, Mr. Rao. The authorised person needs help to extract logs. Under Section 29(2), what can he do?

He may, by order, direct Mr. Rao, being the person in charge of or concerned with operating the system, to provide such reasonable technical and other assistance as he considers necessary. Section 29(2) provides for a binding order, not a mere request.

  1. ABy order, direct Mr. Rao, as person in charge of the system, to provide reasonable technical and other assistance considered necessaryCorrect
  2. BOnly request help, since no order can bind an employee
  3. CAppoint a civil court commissioner to compel assistance
  4. DRequire the Central Government to notify an agency first

Explanation

Section 29(2) allows the Controller or an authorised person, by order, to direct any person in charge of or concerned with the operation of the system, data, apparatus or material to give reasonable technical and other assistance he considers necessary. A mere request is not the stated mechanism, and no prior notification is required.

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